Heroin & Crack Cocaine Possession Charges results in Pre-Trial Intervention Sentence for Defendant

Keith G. Oliver from my office just finished representing an individual who was charged with unlawful possession of crack cocaine, in violation of N.J.S.A. 2C:35-10A and unlawful possession of heroin, in violation of N.J.S.A. 2C:35-10A. Both of the aforementioned criminal charges are third degree felonies under New Jersey law. If convicted of these charges alone, the defendant could be sentenced up to ten (10) years in a State prison.

While these charges were pending, the Defendant unfortunately got arrested on two separate occasions, once in Fair Lawn and once in Glenn Rock New Jersey. Both of the arrests were for the unlawful possession of heroin, which as stated earlier, is a third degree felony. So now the Defendant is facing up too twenty years in a New Jersey State Prison.

After an initial review of the discovery from the first matter, it became apparent that there were some issues surrounding the initial motor vehicle stop and subsequent search. Mr. Oliver was able to use this information to help convince the Prosecutor’s Office to override the Defendant’s rejection from the Pre Trial Intervention Program (“PTI”). PTI is a diversionary program in New Jersey. If a defendant is accepted into the pre trial intervention program, they will be placed on a probationary term and if they complete the term without violating any of the conditions imposed by the Judge, the pending felony charges will be dismissed.

In addition, my office was also able to have both of the Defendant’s other pending felony charges remanded back to the local municipal courts. So in conclusion, the Defendant went from facing four felony charges, each of which carried a potential five years prison sentence, to having the opportunity to walk away with no felony criminal record. 

If you or someone you know has been charged with a criminal offense like possession of marijuana with the intent to distribute, distribution of heroin, aggravated assault, or unlawful possession of a handgun we can help. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you have any further questions please do not hesitate to contact any one of our Bergen County Offices for a free initial consultation with any one of our eight criminal defense attorneys.